ORDER :- This petition under Article 226 of the Constitution arises out of a suit instituted by the plaintiff petitioner under section 176 of the U.P. Zamindari Abolition and Land Reforms Act.

2. The facts giving rise to this petition are that Mohammad Hanif and Abdul Majid were two co-bhumidhars of the land in suit in equal shares. Mohammad Hanif sold his half share to the defendants opposite parties. Mir Ahmad, Shaukat, Nizamuddin and Mohammad Ali. It appears that the other co-tenure-holder Abdul Majid executed an agreement to sell his half share of the property in favour of the plaintiff petitioner. Thereafter he did not execute the sale deed with the result that the plaintiff petitioner had to institute a suit for specific performance of the contract. That suit was finally decreed by the civil court and in pursuance of that decree on failure of Abdul Majid a sale deed was executed by the court on 25th September 1958. It is after the execution of this sale deed by the court that the present suit was instituted by Ram Das for partition of his half share.

3. This claim of the plaintiff petitioner was contested by the vendees of Mohammad Hanif who alleged that they had enter